purpose he shall have access at all times to the beam box of said scale, and be afforded facilities for the discharge of his duties while the weighing is being performed. The agent employed by the miners as aforesaid to act as check weighman shall be an employe of the person or persons operating the mine, a citizen of the State and county wherein the mine is situated, and shall, before entering upon his duties, make and subscribe to an oath before some officer duly authorized to administer oaths, that he is duly qualified, and will faithfully discharge the duties of check weighman; such oath shall be kept conspicuously posted at the place of weighing.

*23. Penalties. §4. Any person, company or firm having or using any scale or scales for the purpose of weighing the output of coal at mines, so arranged or constructed that fraudulent weighing may be done thereby, or who shall knowingly resort to or employ any means whatsoever, by reason of which such coal is not correctly weighed or reported in accordance with the provisions of this act; or any weighman or check weighman who shall fraudulently weigh or record the weights of such coal, or connive at or consent to such fraudulent weighing and recording, shall be deemed guilty of a misdemeanor, and shall upon convic tion, for each such offense, be punished by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or by imprisonment in the county jail for a period not to exceed sixty (60) days, or by both such fine and imprisonment; proceedings to be institu ted in any court of competent jurisdiction.

*24. Violation of act - penalty. § 5. Any person, owner or agent, operating a coal mine in this State who shall fail to comply with the provisions of this act, or who shall obstruct or hinder the carrying out of its requirements, shall be fined for the first offense not less than fifty dollars ($50) nor more than two hundred dollars ($200); for the second offense not less than two hundred dollars ($200) nor more than five hundred dollars ($500), and for a third offense not less than five hun dred dollars ($500), or be imprisoned in the county jail not less than six months nor more than one year. Provided, that the provisions of this act shall apply only to coal mines whose product is shipped by rail or

water.

25. Repeal. § 6. That an act entitled "An act to provide for the weighing of coal at the mines, approved June 14, 1883, in force July 1, 1883, as amended and approved June 29, 1885, and in force July 1, 1885, be and the same is hereby repealed.

AN ACT to revise the law in relation to mines. [Approved March 24, 1874. In force July 1, 1874.]

1. Making drains, roads. or railroads-eminent domain. SEC. I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any mine or mining place shall be so situated that it cannot be conveniently worked without a road or railroad thereto, or ditch to drain the same or to convey water thereto, and such road, railroad or ditch shall necessarily pass over, through or under other land owned or occupied by others, the owner or operator of any such mine or mining place may enter upon such lands, and construct such road, railroad or ditch, upon complying with the law in relation to the exercise of the right of eminent domain. [See “Eminent Domain," ch. 47; also, "Drainage," ch. 42.

Public and private ways — horse and dummy railroad. And the commissioners of highways of any county under township organization, and the county board in counties not under township organization, may, when the public good requires, cause to be laid out and opened public highways, or private roads or cartways, from any coal mine to a public highway or to a railway, as the public good may require, in the same way as now or may hereafter be provided by law for the laying out and opening of public highways or private roads or cartways, and may permit the owner, lessee or operator of any coal mine to lay down and operate a horse or dummy railway thereon, or upon any highway or private road or cartway now or hereafter laid out and opened for public or public and private use, but always in such a manner and way, and upon such place thereon, as to not unnecessarily interfere with ordinary public travel. [See "Roads and Bridges," ch. 121. 2d L. 1867, p. 39, SS 1, 7.

2. Trespass-surveyor appointed. § 2. If the owner of any land adjacent to any lands worked as lead, coal, iron or other mine, shall make complaint, in writing, verified by affidavit, to the judge of any court of record in the county where the land is situated, that he has reasonable grounds to believe, and does believe, that the owner or operator of such mine is trespassing upon his lands by mining thereon,

it shall be the duty of the judge to appoint some county surveyor or other competent and suitable person to descend into such mine, and make such examinations and surveys as may be necessary to ascertain whether the same is being worked upon the land of the person making the complaint. [L. 1859, p. 126, § 1.

[*710] willfully

3. Powers of surveyor-penalties. § 3. The person so appointed shall have the right, at all reasonable times, to descend into such mine and make such examinations and surveys; and whoever shall obstruct or hinder such person from entering into any such mine, or any gallery or place therein, or from making any such examination or survey, shall, for each offense, be fined not exceeding $200, to be recovered before any justice of the peace of the county. Any person accepting any such appointment, and failing or refusing to make such survey upon the request of the petitioner, may be proceeded against as for a contempt of court, or he may be fined not exceeding $500. [L. 1859, p. 126, § 2.

4. Expenses. § 4. The expense of such examination and survey shall be paid by the person making, the complaint, but if such person shall recover damages against the owner or operator of such mine for working the same upon his land, he shall have the right to have such expenses added to the damages. [L. 1859, p. 126, § 3.

5. Penalty for trespass. 5. Whoever shall willfully trespass upon the land of another by mining thereon, shall, in addition to the damages now authorized by law, be liable to a penalty not to exceed $500, which may be recovered in an action of debt by the owner thereof, in any court of competent jurisdiction.

[Robertson v. Jones, 71 Ill. 405.

6. Conveyance of mining right. § 6. Any mining right, or the right to dig for or obtain iron, lead, copper, coal, or other mineral from land, may be conveyed by deed or lease, which may be acknowl. edged and recorded in the same manner and with like effect as deeds and leases of real estate.

[L. 1861, p. 146, § 2; Kamphouse v. Gaffner, 73 Ill. 453.

7. Effect of conveyance. 7. When the owner of any land shall convey, by deed or lease, any mining right therein, such conveyance shall be considered as so separating such right from the land that the same shall be taxable separately, and any sale of the land for any tax or assessment shall not include or affect such mining right. [L. 1861, p. 146, § 1.

8. Record of purchases of lead mineral to be kept. § 8. Every person purchasing lead mineral shall keep a book, in which he shall keep an account of all lead mineral purchased by him, stating clearly the amount, from whom and time when purchased, and the place where it was dug; and for the purpose of ascertaining such facts, he shall make diligent inquiry of the person offering such mineral for sale, and if satisfactory answers are not given, it shall not be lawful for him to buy the same. [L. 1861, p. 140, § 1; p. 141, § 4.

9. Book open for inspection. 9. Such purchaser shall keep such book at his usual place of business, open at all reasonable times

CHAP. 94.

MINES.

for the inspection of miners, owners of mineral lands, and smelters of lead ore. [L. 1861, p. 140, SI.

10. When purchaser has no place of business. § 10. When any such purchaser has not a usual place of business, he shall, within twenty-four hours from the time of making any such purchase, make return to the nearest smelter of lead ore to the place of procuring the same, stating the amount thereof, when, of whom and where purchased, and from what place the same was dug or taken; and such smelter shall minute the same in his book, to be kept pursuant to this act. [L. 1861, p. 141, 2.

11. Purchase from child under twelve forbidden. § II. No person shall be allowed to purchase lead mineral from any child under twelve years of age. [L. 1861, p. 141, 3.

12. Penalties. 12. Any person who shall purchase lead mineral without keeping the book or making the entries or returns as herein provided, or shall refuse to allow their inspection as herein provided, shall forfeit for each offense the sum of $25; and whoever violates any of the other provisions of the four preceding sections, shall forfeit for the first offense the sum of $5 and costs, and for every subsequent offense $10 and costs one-half to the informer, and the other half to the school fund of the school district where the suit is brought. Said penalties shall be recoverable by action of debt before any justice of the peace of the county where the offense is committed. [L. 1861, p. 141, § 5.

AN ACT to revise the law in relation to mortgages of real and personal property. [Approved March 26, 1874. In force July 1, 1874.]

CHATTEL MORTGAGES.

1. What necessary to validity-definition. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no mortgage, trust deed or other conveyance of personal property having the effect of a mortgage or lien upon such property, shall be valid as against the rights and interests of any third person, unless possession thereof shall be delivered to and remain with the grantee, or the instrument shall provide for the possession of the property to remain with the grantor, and the instrument is acknowledged and recorded as hereinafter directed; and every such instrument shall, for the purposes of this act, be deemed a chattel mortgage.

[R. S. 1845, P. 91. § 1: p. 92, § 7: Sumner v. McKee, 89 Ill. 127: Goodheart v. Johnson, 88 Ill. 58; Dunlap v. Epler, 88 Ill. 82; Mumford v. Canty, 50 Ill. 370; Roundtree v. Baker, 52 Ill. 241; Forest v. Tinkham, 29 Ill. 141; Frank v. Miner, 50 Ill. 444; Sage v. 'rowning, 51 Ill. 218; Lemen v. Robinson, 59 Ill. 118; Porter v. Dement, 35 Ill. 479: Rhines v. Phelps, 3 Gilm. 455; Bell v. Shrieve, 14 Ill. 462: Davis v. Ransom, 18 Ill. 396; Read v. Wilson, 22 Ill. 377; Barnet v. Fergus, 51 Ill. 354; Hathorn v. Lewis, 22 Ill. 395; Brandt v. Daniels, 45 Ill. 453; Fuller v. Paige, 26 Ill. 358; Badger v. Batavia Paper Mfg. Co., 70 Ill. 302; Garrettson v. Pegg, 64 Íll, 113;